General Terms and Conditions

  1. Terms and Conditions - Consumers
  2. Terms and Conditions - Business

 

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Terms and Conditions - Consumers

  • Article 1 - Definitions
  • Article 2 - The entrepreneur's identity
  • Article 3 - Applicability
  • Article 4 - The offer
  • Article 5 - The agreement
  • Article 6 - Right of withdrawal
  • Article 7 - Consumer's obligations during the reflection period
  • Article 8 - Exercising the consumer's right of withdrawal and the costs
  • Article 9 - Entrepreneur's obligation in case of withdrawal
  • Article 10 - Exclusion of the right of withdrawal
  • Article 11 - The price
  • Article 12 - Compliance and extra guaranty
  • Article 13 - Delivery and execution
  • Article 14 - Continuing performance contract: duration, termination and extension
  • Article 15 - Payment
  • Article 16 - Complaints procedure
  • Article 17 - Disputes
  • Article 18 - Additional or varying provisions
  • Article 19 - Amendment to the terms and conditions

Article 1 - Definitions

  1. Reflection period: the period during which the consumer may use his right of withdrawal.
  2. TAMESON: TAMESON vof, among others trading under the names Magneetventielshop.nl, Magneetventielshop.be, Solenoidvalveshop.co.uk, PVO Engineering, JWP Engineering, and provider of products and/or services at a distance.
  3. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities. If the purchased products or services are intended for trade, business or profession and/or an order is larger than 500 Euro excluding taxes, automatically the "Terms and Conditions - Business" apply.
  4. Day: calendar day.
  5. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
  6. Right of Withdrawal: the consumer's option not to proceed with the distance contract within the reflection period;
  7. Distance contract: a contract concluded by the entrepreneur and the consumer within the scope of an organised system for distance selling of products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract.
  8. Technology for distance communication: a means to be used for concluding an agreement without the consumer and the entrepreneur being together in the same place at the same time.

Article 2 - The Entrepreneur's identity

Company address (no visiting address):
TAMESON v.o.f.
Torenallee 20
5617BC Eindhoven
The Netherlands
Phone number: +31(0)40-7505795 (Mo-Fr 8h-16h UTC+0)
Email: info@tameson.nl
CoC-number (The Netherlands): 57331332
VAT identification number: NL852534991B01

Article 3 - Applicability

  1. These Terms and Conditions apply to any offer from TAMESON and to any distance contract concluded by TAMESON and the Consumer. Deviations from these conditions are expressly rejected unless they have been explicitly confirmed in writing by the consumer and TAMESON.
  2. Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer electronically.
  3. If TAMESON does not require strict adherence to these terms and conditions for any length of time, this will not affect the right of TAMESON to demand immediate and strict compliance to these terms and conditions. The fact that the TAMESON applies these conditions smoothly, gives consumers no extra rights.
  4. TAMESON is not liable for damages, including consequential damages, which are directly or indirectly caused by its products or services, unless such damage is caused by intent or gross negligence by TAMESON, in which case TAMESON will never be held to a higher compensation than an amount equal to the selling price of the product or service with a maximum of 500 Euro.
  5. All intellectual property rights of any kind that include but are not limited to, products, services, advice, documents, materials, designs, sketches, quotations remain with TAMESON and should therefore not be reproduced without the explicit written consent of TAMESON.

Article 4 - The offer

  1. If additional conditions apply, it shall be explicitly stated in the offer.
  2. Offers or quotations are valid as long as stocks lasts.
  3. If offers don't contain information on validity, they are, subject to the provisions of paragraph 2, no longer valid than 7 days.
  4. The offer contains a full and accurate description of the products and/or services. Errors and/or mistakes in the offer do not bind TAMESON.
  5. The consumer is fully responsible for the selection of a product for the intended application, as well as the proper use of products.
  6. All offers contain such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This includes in particular:
    • the price including taxes;
    • any delivery costs;
    • any charges for payment methods or other services;
    • how the contract will be concluded and which actions are required;
    • whether or not the right of withdrawal is applicable;
    • the method of payment, delivery or execution of the contract;
    • the rate for distance communication;
    • the way the contract is filed, and if so, in what way the consumer can consult this;
    • the minimum duration of the distance contract, in case of a continuing performance contract.

Article 5 - The agreement

  1. Subject to the provisions in Article 4, the contract becomes valid when the consumer has accepted the offer and fulfilled the terms and conditions set. In case the contract is not a distance contract, the agreement is only concluded when TAMESON has confirmed the acceptance of the consumer.
  2. If the consumer accepted the offer via electronic means, TAMESON shall promptly confirm receipt of having accepted the offer via electronic means.
  3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
  4. Products remain the property of TAMESON as long as the payment has not been made by the consumer.
  5. If prepayment is stipulated, TAMESON is entitled to terminate the agreement as long as the payment has not been made by the consumer.
  6. TAMESON may, within the limits of the law, gather information about consumer's ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. TAMESON is lawfully entitled to refuse an order or request, without giving reasons, or to attach special terms to the implementation.
  7. The consumer expressly agrees that, in case of provision of services, the provision may start before termination of the reflection time.
  8. The consumer has access via the website to the following information:
    • the contact information of TAMESON
    • the conditions and the way how the consumer can exercise the withdrawal right, or a clear statement regarding the exclusion of the right of withdrawal;
    • information on guarantees and after sales service;
    • the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite;

Article 6 - Right of withdrawal

In case of products:

  1. The right of withdrawal is only valid in case of a distance contract.
  2. TAMESON clearly identifies to which products the right of withdrawal applies. If the right of withdrawal is applicable, the consumer has the right to withdraw the contract without giving any reason within 14 days. This reflection period begins on the date of delivery of the product to the consumer or to a third party designated by the consumer.
  3. TAMESON may refuse an order of multiple products with different delivery time.
  4. In case of an agreement about regular delivery of products during a given period, the reflection period will start on the day on which the Consumer or a third party appointed by him received the first product.

In case of services:

  1. TAMESON indicates clearly on the websites to which services the right of withdrawal is applicable. With the delivery of services, the consumer can cancel the contract without giving any reason for 14 days starting on the day following the conclusion of the agreement.

Article 7 - Consumer's obligations during the time of reflection

  1. During the reflection period, the consumer shall handle the product and the packaging with care. The consumer shall only unpack the product to the extent necessary for establishing the nature and the characteristics of the product. The product may not be tested or put into use, for reasons of safety and hygiene. The product and any accompanying documentation and/or packaging must not be damaged or soiled. The guiding principle is that the consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
  2. The Consumer is liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1. By causing a decrease in value of the product, the consumer is excluded from the right of withdrawal.

Article 8 - Exercising the Consumer's right of withdrawal and the costs

  1. If the consumer exercises his right of withdrawal he shall notify TAMESON unambiguously within the period of reflection according to the instructions as provided by TAMESON.
  2. As soon as possible, but within 14 days from the day following the notification referred to in sub-section 1, the product must be delivered to TAMESON or submit to (a representative of) TAMESON. This is not required if TAMESON has offered to collect the product. If the consumer fails to deliver the products in good condition to TAMESON within the prescribed period, the right of withdrawal expires.
  3. The consumer shall return the product with all delivered accessories, in the original state and packaging and in conformity with reasonable and clear instructions provided by TAMESON.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the consumer.
  5. The consumer shall bear the direct costs of returning the product.
  6. If the consumer has requested that the provision of a service starts during the reflection period, the consumer has to pay TAMESON an amount proportional to that part of the undertaking that is fulfilled at the time of withdrawal, compared with the complete fulfillment of the agreement.

Article 9 - Entrepreneur's obligations in case of withdrawal

  1. If TAMESON makes the notification of withdrawal by electronic means possible, he shall promptly send an acknowledgment of receipt.
  2. TAMESON reimburses the payments which the consumer has made for the returned product. TAMESON may deduct the initial delivery costs and any payment fees, even if TAMESON has not charged these costs in the original agreement. TAMESON will pay the consumer within 14 days after the day on which TAMESON received the product.

Article 10 - Exclusion of the right of withdrawal

TAMESON can exclude the following products and services from the right of withdrawal but only if TAMESON notified this clearly before concluding the agreement:

  1. Products or services that are not part of the offer on the websites;
  2. Products or services which stated that the right of withdrawal is excluded. These may be products or services that are offered at a discount or that are ordered at the request of the consumer;
  3. Products or services with a price that is subject to fluctuations in the financial market on which TAMESON has no influence and which may occur within the period of withdrawal;
  4. Service agreements, subject to the provisions of Article 5, paragraph 7, after complete or partial execution of the service, unless otherwise is agreed in writing;
  5. Products manufactured in accordance with the consumer's specifications which are not prefabricated and which are produced on the basis of a consumer's individual choice or decision or which are intended for a specific person;
  6. Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken;
  7. The delivery of digital content other than on a physical carrier.

Article 11 - The price

  1. The prices on the websites for products and services and shipping rates or methods of payment may be changed by TAMESON at all times.
  2. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
  3. Contrary to the previous paragraph, TAMESON may offer products or services at variable prices, in case prices are subject to fluctuations in the financial market that are beyond the control of TAMESON. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
  4. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
  5. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and:
    • they are the result of legal regulations or stipulations; or
    • the Consumer has the authority to cancel the contract before the day on which the price increase starts.
  6. All prices indicated in the provision of products or services are including VAT.

Article 12 - Performance of an agreement and extra guarantee

  1. TAMESON guarantees within the guarantee period that the product is free from material or manufacturing defects under normal use, if installation and maintenance instructions are followed and normal storage (storage refers to the condition where the product is not used for the intended purpose). The guarantee period commences on the date of purchase by the consumer. Guarantee does not cover: abrasion, corrosion, coloration and aging as a result of normal use and storage; damage resulting from incorrect and/or improper maintenance; damage caused to the product due to external causes such as fire, water, vapor, liquid, ice, wrong application, fall, neglect, misuse (including, without limitation, use contrary to the instructions given by TAMESON), or abuse; on consumables and replaceable parts.
  2. TAMESON guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. TAMESON does not guarantee that the product is suitable for other than normal use.
  3. TAMESON is not responsible for damages, including consequential damages, of any product or service. The consumer is at all times required to carefully follow the product documentation.

Article 13 - Delivery and execution

  1. TAMESON shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
  2. The place of delivery is at the address given by the consumer to TAMESON. If the consumer has specified an incorrect delivery address, TAMESON will not be responsible for any extended delivery time and additional costs as a result.
  3. With due observance of the stipulations in Article 4 of these terms and conditions, TAMESON shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer shall be informed about this within one month after ordering. In such cases, the consumer is entitled to repudiate the contract free of charge, but can under no circumstances claim compensation by TAMESON.
  4. After repudiation in conformity with the preceding paragraph, TAMESON shall return the payment made by the consumer promptly but at least within 30 days after repudiation.
  5. If delivery of an ordered product proves impossible, TAMESON will endeavor to provide a replacement item. This is done in consultation with the consumer.
  6. The risk of damage and/or loss of products rests with TAMESON until the moment the product is delivered to the carrier, a third party designated by the consumer or the consumer, unless explicitly agreed otherwise.
  7. If an order consists of multiple products with different delivery times, TAMESON may send the entire order based on the longest delivery, unless otherwise is expressly agreed.

Article 14 - Continuing performance agreements: duration, termination and renewal

Termination

  1. The consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products or services, with due observance of the termination rules.
  2. The consumer can cancel the agreements mentioned in the preceding paragraphs:
    • at any time and not be limited to termination at a particular time or in a given period;
    • at least in the same way as they were concluded by the concumer;
    • at all times with the same notice as TAMESON stipulated for himself.

Extension

  1. An agreement concluded for a definite period which extends to the regular delivery of products or services may not be automatically extended or renewed for a fixed period.

Duration

  • If the duration of a contract is more than one year, the consumer may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed term.

Article 15 - Payment

  1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the consumer must be settles within 14 adays after concluding the agreement.
  2. TAMESON reserves the right to determine which payment methods are offered. TAMESON can offer the possibility to pay after delivery, but reserves the right to reject it without giving reasons.
  3. If advance payment is stipulated, the consumer may not assert any rights regarding the execution of the contract before the payment has been made.
  4. The consumer has the duty to inform TAMESON promptly of possible inaccuracies in the payment details that were given.
  5. In case of default by the consumer, TAMESON has the right to charge a reasonable fee to the consumer that is made known in advance.

Article 16 - Complaints procedure

  1. Complaints about the implementation of the agreement must be, fully and clearly described, submitted to TAMESON, promptly after the consumer has discovered the defects.
  2. Complaints are answered by TAMESON within 14 days from the date of receipt. If a complaint requires a longer processing time, TAMESON will respond with a message that conforms the receipt and includes an indication when the consumer can expect a more detailed answer.

Article 17 - Disputes

  1. Contracts between TAMESON and the consumer to which these terms and conditions apply, are exclusively governed by Dutch law.
  2. All disputes relating to these legal relations and to which these terms and conditions apply shall be submitted exclusively to the court of Den Bosch, section cantonal court, location Eindhoven.

Article 18 - Additional provisions or derogations

  1. Additional provisions of and/or derogations from these terms and conditions must be put in writing or recorded in such a way that the consumer can store them in an accessible manner.

Article 20 - Amendments to the terms and conditions

  1. TAMESON reserves the right to change these terms and conditions at all times. Returning consumers should therefore reconsider the general terms and conditions when using the websites and/or enter into a new agreement.
  2. These terms and conditions replace all previous versions.

Last updated: October 1, 2014

 

 


Terms and conditions - business

  • Article 1 -Definitions
  • Article 2 -The Entrepreneur's identity
  • Article 3 -Applicability
  • Article 4 -Offers and agreements
  • Article 5 -Prices and payment
  • Article 6 -Compliance
  • Article 7 -Guarantee
  • Article 8 -Delivery
  • Article 9 -Cancellation of an agreement
  • Article 10 -Retention of title
  • Article 11 -Liability
  • Article 12 -Complaints
  • Article 13 -Force majeure
  • Article 14 -Applicable law and disputes
  • Article 15 -Amendment to the terms and conditions

Article 1 - Definitions

  1. Parties:
    • TAMESON: TAMESON vof, among others trading under the names Magneetventielshop.nl, Magneetventielshop.be, Solenoidvalveshop.co.uk, PVO Engineering, JWP Engineering, and provider of products and/or services at a distance;
    • Customer: the legal entity that enters into a contract with TAMESON or to who TAMESON has submitted an offer to which these general conditions apply;
  2. Day: calendar day;
  3. Continuing performance contract: a contract serving to deliver goods and/or services in a given period;
  4. Distance contract: a contract concluded by the parties that is made exclusively by using technology for distance communication. a contract concluded by the parties,
  5. Technology for distance communication: a means to be used for concluding an agreement without the parties being together in the same place at the same time.

Article 2 - The Entrepreneur's identity

Company address (no visiting address):
TAMESON v.o.f.
Torenallee 20
5617BC Eindhoven
The Netherlands
Phone number: +31(0)40-7505795 (Mo-Fr 8h-16h UTC+0)
Email address: info@tameson.nl
CoC-number (The Netherlands): 57331332
VAT identification number: NL852534991B01

Article 3 - Applicability

  1. These terms and conditions apply to all offers, quotations and agreements of TAMESON. Deviation from these terms and conditions is explicitly rejected, unless the parties expressly agree otherwise in writing.
  2. If the customer accepts without comment a quotation or order confirmation which refers to these terms and conditions, the customer approves the application of these terms and conditions.
  3. If TAMESON does not require strict compliance with these terms and conditions for any length of time, this does not affect the right of TAMESON to postulate immediate and strict compliance to these terms and conditions. The fact that TAMESON applies the conditions flexible, gives the customer no extra rights.
  4. Void or voidable provisions shall not affect the validity and strength of other provisions. The invalid or unenforceable provision(s) will be replaced by new, legally permissible provision (s) consistent with the purpose and intent of the invalid or unenforceable provision(s).
  5. Situations that are not covered by these terms and conditions, or if confusion exists concerning the explanation of one or more stipulations of these terms and conditions, then such an explanation needs to take place in the spirit of these stipulations.

Article 4 - Offers and agreements

  1. Offers or quotations are valid as long as stocks lasts.
  2. If offers don't contain information on validity, they are, subject to the provisions of paragraph 1, no longer valid than 7 days. Modified offers and quotations cannot be accepted.
  3. TAMESON can not be held to his offer or quotation if it contains an obvious mistake or error.
  4. The agreement between parties is concluded after the customer has accepted an offer which is subsequently confirmed by TAMESON, or when TAMESON started to execute the agreement with the express consent of the client.
  5. A concluded agreement can be changed by means of a written description of the changes. Changes are binding only if confirmed in writing by TAMESON. Changes can influence the agreed or expected time of delivery. The customer accepts such a delay in advance.
  6. TAMESON may investigate the creditworthiness of the customer. If this research indicates uncertainty about the ability of the customer to meet its payment obligations, TAMESON has the jurisdiction to reject the agreement or to apply additional conditions to the agreement.
  7. TAMESON is committed to provide clear information about the properties and features of the offering of products and/or services. Mistakes and/or errors in the offer do not bind TAMESON. The customer is fully responsible for the choice of a product and/or service for the intended application, as well as the correct use of products and/or services.

Article 5 - Prices and payment

  1. Offers state clearly whether taxes are included or excluded in the price. The fees for any transportation, payment fees or other service charges are clearly stated. Possible extra costs within the framework of the contract, such as import costs, are not covered by the listed prices. These extra costs are agreed in advance.
  2. If after the conclusion of the contract and before the agreed date of delivery, the prices of consumables, raw materials or components, wages or any other price determining factors have undergone changes, TAMESON is entitled to alter the price accordingly. TAMESON is committed to notify the customer as soon as possible and/or propose an alternative.
  3. Price increases resulting from additions and changes to the agreement, shall be fully borne by the customer.
  4. By placing an order through an online store of TAMESON, the customer enters into a payment obligation.
  5. TAMESON is entitled to decide which payment methods TAMESON offers to the customer.
  6. TAMESON is entitled to request an advance payment prior to the execution of the agreement.
  7. Invoices must be paid within 14 days after the date of invoice paid within 14 days, unless indicated otherwise in writing by TAMESON. Payment will be made in the currency specified on the invoice, by transfer to a bank account designated by TAMESON, such unless otherwise agreed in writing. Objections to the amount of invoices shall not suspend the payment obligation.
  8. If the customer did not pay within the stipulated term on the invoice, TAMESON is entitled to charge statutory commercial interest from the due date of the invoice to the day of full payment, without further notice and without prejudice to any other rights. Payments from customers will always be regarded as seeking to pay the interest and/or costs first and then to settle the longest outstanding debt, even if a customer states otherwise.
  9. If the customer is in default or omission in the performance of its payment obligations, all reasonable costs will be incurred in obtaining payment - in and out of court - on behalf of the customer. In any case, the customer owes collection costs in the event of a claim.
  10. TAMESON has the right to require that the client immediately provides (additional) security in a by TAMESON to determine form and/or an advance payment. If the customer fails to provide the required security, TAMESON is entitled, without prejudice to other rights, to suspend the further execution of the agreement with immediate effect and all amounts that the customer owes to TAMESON for whatever reason will be immediately withdrawn.
  11. In case of liquidation, bankruptcy or suspension of payment of the customer, TAMESON's claims and obligations of the customer to TAMESON are immediately due. In this case, TAMESON is entitled to suspend its obligations under the agreement immediately and without notice.

Article 6 - Compliance

  1. TAMESON will endeavor that the delivered products comply with the agreement. TAMESON does not guarantee that the product is suitable for other than normal business use. The products will meet the definition as stated in the offer, and will comply to existing legal provisions and government regulations on the date of the conclusion of the agreement.
  2. The customer is required at all times to follow the (safety) instructions provided by TAMESON and/or the manufacturer. TAMESON can not vouch for the reliability of products where these rules and instructions are not properly followed.

Article 7 - Guarantee

  1. The products that are delivered by TAMESON will never be subject to a further guarantee other than the guarantee that TAMESON has obtained from TAMESON's suppliers. For products sold with a factory, importers or wholesalers guarantee, only the warranties imposed by these suppliers apply. Other warranty agreements are possible only if expressly agreed in writing in advance by parties.
  2. If TAMESON provides extra guarantee on products, it holds that within the guarantee period the product is free from material or manufacturing defects under normal use, if installation and maintenance instructions are followed and normal storage (storage refers to the condition where the product is not used for the intended purpose). The guarantee period commences on the date that the agreement was concluded. Guarantee does not cover: abrasion, corrosion, coloration and aging as a result of normal use and storage; damage resulting from incorrect and/or improper maintenance; damage caused to the product due to external causes such as fire, water, vapor, liquid, ice, wrong application, fall, neglect, misuse (including, without limitation, use contrary to the instructions given by TAMESON), or abuse; on consumables and replaceable parts.
  3. All claims under the guarantee void if the customer himself, or a third party, repairs or modifies the supplied products, without the consent of TAMESON.

Article 8 - Delivery

  1. TAMESON will be the take the greatest care in dealing with the customer's order and the execution of that order. Stated delivery times are approximate and may never be considered to be firm deadlines.
  2. If it is stipulated in the contract that TAMESON organizes the transport of the goods to the customer, the order will be delivered to the address that the customer communicated when ordering. Any resulting costs for specifying an incorrect address are fully borne by the customer.
  3. The risk with respect to the goods to be delivered shall pass to the customer when the goods are transferred by TAMESON to the designated carrier or directly to the customer. Any shipping damage must immediately be reported in writing upon receipt by the customer.
  4. TAMESON will, in principle, proceed to execute the agreement within 7 days after the agreement is concluded, unless another period is agreed. If the execution of the order is delayed or permanently impossible, the customer will receive notification as soon as possible. TAMESON will then, in consultation with the customer, return the amount paid by the customer as soon as possible but no later than 30 days after termination.
  5. If parties agree that the customer takes care of the transport, the customer must collect the products at a specified date and place by TAMESON. If the consumer does not collect the products on time, TAMESON will store the goods at the expense and risk of the customer.
  6. The customer has no right to compensation for loss as a result of exceeding the delivery time.
  7. The customer is not allowed to refuse the delivery of ordered products. All costs arising from this refusal are the sole responsibility and risk of the customer.
  8. TAMESON has the right to make partial deliveries. TAMESON is entitled to invoice the customer for each partial shipment and to demand payment.

Article 9 - Cancellation of an agreement

  1. TAMESON reserves the right to cancel an order, or a part of an order, by written notice to the customer. In case TAMESON cancels an order, TAMESON will return any paid sums by the customer as soon as possible, but no later than 30 days following the cancellation.
  2. The customer may cancel a contract before the agreed time of delivery in writing. The customer is then obliged to reimburse all damage suffered by TAMESON as a result of the cancellation.
  3. After delivery, cancellation or return of the delivery is not possible, unless the parties agree otherwise.

Article 10 - Retention of title

  1. All goods delivered to the customer, also including parts and other materials, remain the property of TAMESON until everything the customer owes to TAMESON (including interest and costs) is met.
  2. Until ownership of the delivered goods has not passed to the customer, the customer is not authorized to dispose of the goods or use them in any other way than in accordance with the normal use of the products.
  3. If the customer did not precisely fulfill any obligation to TAMESON and in the event of termination of the agreement for any reason whatsoever, TAMESON will be entitled to take back all the goods that are property of TAMESON, without prior notice or judicial intervention. The customer is obliged to return the goods on first demand free of charge to TAMESON, all without prejudice to the right of TAMESON to full compensation under these conditions and legal provisions.
  4. All intellectual property rights of any kind that include but are not limited to, products, services, advice, documents, materials, designs, sketches, quotations remain with TAMESON and should therefore not be reproduced without the explicit written consent of TAMESON.

Article 11 - Liability

  1. The customer is obliged to inspect the goods after delivery for defects and damages (including shipping damage). In case of any defects or damages, the customer has to notify TAMESON within 7 days after delivery, by exceeding this term the customer will loose his right to complain.
  2. If TAMESON is liable, the liability is limited to the provisions in these terms and conditions.
  3. TAMESON is never liable for damage directly or indirectly caused by:
    • force majeure, as further described in these terms and conditions;
    • acts or omissions of the customer, its employees, or other persons who have been employed by or on behalf of the customer;
    • improper use of the goods supplied by TAMESON;
    • the provision of incomplete or incorrect information by the customer.
  4. For profits, consequential or indirect damages such as lost sales and profits, or damages resulting from force majeure, TAMESON is in no way liable.
  5. If the liability for loss for the customer is to be adopted by TAMESON, then the liability is limited to the amount of the price stipulated in the agreement with a maximum of €1000, or the part of the agreement to which the loss is related to.
  6. The customer indemnifies TAMESON against all claims of third parties in any way related to this agreement.

Article 12 - Complaints

  1. If a delivery exhibits a defect or damage, the customer must consent TAMESON immediately in writing.
  2. If TAMESON has determined that the complaint is valid, TAMESON may choose to:
    • reduce the invoiced amount;
    • replace or repair the delivered product without costs;
    • take the product back and reimburse the customer.
  3. Complaints do not entitle the customer to demand cancellation of the agreement or refrain from or postpone payment (fully or partially).

Article 13 - Force majeure

  1. Force majeure is defined in these terms as, in addition to what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, to which TAMESON cannot exert any influence, but which prevents TAMESON from fulfilling its obligations. This includes strikes in the company of TAMESON or third parties. TAMESON is entitled to invoke force majeure if the circumstance that prevents TAMESON from fulfilling its obligation, occurs after TAMESON should have fulfilled his obligation.
  2. TAMESON is not obliged to perform any obligation to the customer in case of force majeure as defined in paragraph 1. TAMESON may suspend its obligations under the agreement during the period of force majeure. If this period lasts longer than two months, each party is entitled to terminate the agreement without any obligation to pay damages to the other party. If the above situation occurs when the agreement is partly executed, the client is held to its obligations to TAMESON for that part of the agreement. TAMESON is entitled to separately invoice the customer for the part of the agreement that is executed and the customer is obliged to pay as if it were a separate agreement.

Article 14 - Applicable law and disputes

  1. All agreements between TAMESON and the customer to which these terms and conditions apply, are governed by Dutch law, with the exclusion of the Vienna Sales Convention.
  2. All disputes relating to these legal relations and to which these terms and conditions apply shall be submitted exclusively to the court of Den Bosch, section cantonal court, location Eindhoven

Article 15 - Amendment to the terms and conditions

  1. TAMESON reserves the right to change these terms and conditions at all times. If the customer does not want to accept a change, he can, until the date on which the new conditions take effect, terminate the agreement by this date. Returning customers should reconsider the terms and conditions when visiting the websites and/or enter into a new agreement.
  2. These terms and conditions supersede all previous versions.

Last updated: February 1, 2016